Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-31
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been fled with the
Il. gister and Receiver they become o part Of
the record, and can neither be Withdrawn nor
retained, but must be transmitted to the Gen
eral Lsud Once.
An application will be rejected when the
scrtption Of the premises is erroneous or
sufficient.
Application for patent will be rejected be-
csuBe:
First The notice was published without the
knowledge Of the Register.
S~econd-The notice was not published In Q
new spaper designated ~ published nearest the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending . suit in Court commenced by
the adverse claimant.
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In sccord.
ancs with law.
Where several parties separate and dis
tinct portions Of . claim. application for
patent may be made by either for that portion
OF the claim owned by him; but where po.eral
parties own undivided interests 10 . mining
claim all should join In an application for .
patent.
A person or association may purchase rs
many placer locations 81 the local Law admits.
and embrace them all In one application for q
patent.
Two or more lodes cannot be embraced in
one application for . patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purport-
ing to set IS o deputy for the Register and He
ceiver cannot be recorded ss evidence.
In all patents for mining claims situated
within the interior boundaries of q town site
o clause Is In erted "excepting aud excluding
all town property. rights upon the surface,
and all houses, buildings, structures. lots,
| blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here.
In, and all rights necessary or proper to she
occupation. possession and enjoyment OF the
same"
Publication of notice must be made u only
one newspaper for the period OF 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers 60 days must elapse between the
fret and last insertions.
Where the Register designates hedAily issue
OF q n newspaper for publication of notices of a
mining application for patent II is not a com.
| pliance With law to change to the weekly edi.
ton OF the same paper without authority Of
the Register.
The existence OF o salt spring on Q tract OF
land withdrsws Il from the operation of the
homestead and presumption laws. A hearing
for the purpose OF proving the sgricultura
character Of such land is not allowed. Lane
containing valuable deposits OF slate may BE-
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must fle Q separate and
distinct claim against esch application which
IL Is alleged conflicts with The premises owned
| by such adverse claimant.
The papers In al adverse claim, once nled
cannot be Withdrawn. but become s 9 part OF the
| record.
When an adverse claim has been nled It can.
not be amended so as TO embrace q larger pcr
tton OF the premises than that described In the
original adverse claim.
An adverse claim must be made ont In
proper form and filed In the proper local OH O.
during the period OF publication Of the appli.
cation for the patent to be effective.
1t lie the duty OF the adverse claimant .
commence suit in proper form within the re.
CURED time, and II he trusts The uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through mss9oriuneo or accident. Should
the failure to commence suit be the resalt Of
the corrupt or dishonest action Of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions OF law. without stating the
facts specially, Will not be considered Ia evi.
dence.
N a obOdAd bhOW y tomDiI-
snce with the local laws in recording his claim
and in regard to expenditures. aud shall hle a
copy OF the original notice OF his location, aud
show the nature or extent of the conflict
alleged.
An allegation OF parties to q suit that they
compose the company 10 sufficient. and they
are not required TO prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is OF little, IL any value. for ssri.
cultural purposes, but 10 essential to the
proper development OF mining GLAZING. A
should be disposed OF under the Mining Act,
Where lands containing valuable minersl
deposits have bsen included in an sgric ultursl
entry, said entry will be cancelled 90 any time
prior to issuance Of patent, upon satisfactory
evidence OF the existence OF such valuable de-
posits.
Where vAluable deposits Of mineral are dis.
covered upon q tract sitter the same ,as been
o. inferred as agricultural, but before ,sent has
been Issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled to
that portion OF the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
Issued to an agricultural claimant, they pass
with the patent. " '
Agricultural College scrip csnno. be
cetved in payment for claims.
ALIENS.
A foreigner may make 9 mining location
dispose OF 1t. provided he becomes 4 citizen
Defore disposing OF the mine. Proof that me
party was not . citizen before disposinQ OF his
claim must be afirmAtiveiy shown.
Locstors and intermediate owners. othay
than applicants. Will not be presumed aliens.
IN tne absence Of allegation or objection prior
10 issuance OF patent.
The portion Of . mining claim sold 10 An
ahen cannot be patented while such owner 10
an alien; but on hts declaration, o become 1
citizen his right dates back to his purchase.
aud he may thereupon secure United States
patent for his claim.
GROSS Lodges.
Revised Statutes. Section :! asa.
Where two or more lodges cross or tntar.ac,
esch other, priority Of title shall govern. and
sacn prior location shall be entitled to sl ore
or mineral cont.tned within the space of inter.
section. but the subsequent Location shall have
the right OF way through the space Of inter
section Tor the purpose Of the convenient
working OF the mine. n where two or more